The U.S. Department of Agriculture (USDA) published notice of its intent to re-establish its National Advisory Committee on Meat and Poultry Inspection for a period of two years. The committee’s purpose is to advise the Secretary of Agriculture on state and federal meat and poultry programs and other matters that fall within the scope of the Federal Meat Inspection Act and the Poultry Products Inspection Act.
Issue 133
This Week's Spotlights
Agency Updates
USDA Intends to Re-Establish Meat and Poultry Inspection Advisory Committee
U.S. Fish & Wildlife Service Seeks Public Input on Revised Recovery Plan for Mexican Wolves
The U.S. Fish & Wildlife Service (FWS) announced the availability of a revised draft recovery plan for endangered Mexican wolves with new site-specific management actions to address the threat of human-caused mortalities, including education and outreach “to improve hunter, trapper, rancher, and public awareness and tolerance of wolves.” FWS is accepting public comments on the revised plan through May 16, 2022.
The U.S. Fish & Wildlife Service (FWS) announced the availability of a revised draft recovery plan for endangered Mexican wolves with new site-specific management actions to address the threat of human-caused mortalities, including education and outreach “to improve hunter, trapper, rancher, and public awareness and tolerance of wolves.” FWS is accepting public comments on the revised plan through May 16, 2022.
Academic Updates
Carceral Logics: Human Incarceration and Animal Captivity, edited by Lori Gruen and Justin Marceau is Now Available Open Access
Carceral logics permeate our thinking about humans and nonhumans. We imagine that greater punishment will reduce crime and make society safer. We hope that more convictions and policing for animal crimes will keep animals safe and elevate their social status. The dominant approach to human-animal relations is governed by an unjust imbalance of power that subordinates or ignores the interest nonhumans have in freedom. In this volume Lori Gruen and Justin Marceau invite experts to provide insights into the complicated intersection of issues that arise in thinking about animal law, violence, mass incarceration, and social change. Advocates for enhancing the legal status of animals could learn a great deal from the history and successes (and failures) of other social movements. Likewise, social change lawyers, as well as animal advocates, might learn lessons from each other about the interconnections of oppression as they work to achieve liberation for all. This title is available as Open Access on Cambridge Core.
Carceral logics permeate our thinking about humans and nonhumans. We imagine that greater punishment will reduce crime and make society safer. We hope that more convictions and policing for animal crimes will keep animals safe and elevate their social status. The dominant approach to human-animal relations is governed by an unjust imbalance of power that subordinates or ignores the interest nonhumans have in freedom. In this volume Lori Gruen and Justin Marceau invite experts to provide insights into the complicated intersection of issues that arise in thinking about animal law, violence, mass incarceration, and social change. Advocates for enhancing the legal status of animals could learn a great deal from the history and successes (and failures) of other social movements. Likewise, social change lawyers, as well as animal advocates, might learn lessons from each other about the interconnections of oppression as they work to achieve liberation for all. This title is available as Open Access on Cambridge Core.
Legislative Updates
Pending Federal Actions
Bill Aims to Foster More Transparency and Competitive Pricing in the Cattle Market
Senate Bill 4030, the “Cattle Price Discovery and Transparency Act of 2022,” would establish a cattle contract library in order to maximize transparency and foster competitive bidding. The bill has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry.
Senate Bill 4030, the “Cattle Price Discovery and Transparency Act of 2022,” would establish a cattle contract library in order to maximize transparency and foster competitive bidding. The bill has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry.
Bill Would Require Contractors to Resume Border Wall Construction
House Resolution 7450, the “Build the Wall Now Act,” would remove legal impediments preventing construction of a wall along the U.S.-Mexico border and would prohibit the Secretary of Homeland Security from canceling existing contracts relating to border wall construction. The bill comes less than a month following a March 24, 2022, settlement agreement between the Center for Biological Diversity and the Department of Defense which prohibits military spending on border walls and requires completion of a study to assess the wall’s damage to wildlife habitats.
House Resolution 7450, the “Build the Wall Now Act,” would remove legal impediments preventing construction of a wall along the U.S.-Mexico border and would prohibit the Secretary of Homeland Security from canceling existing contracts relating to border wall construction. The bill comes less than a month following a March 24, 2022, settlement agreement between the Center for Biological Diversity and the Department of Defense which prohibits military spending on border walls and requires completion of a study to assess the wall’s damage to wildlife habitats.
Bill Aims to Curtail Commercial Trade in Live Wildlife
Senate Bill 4074, the “Preventing Future Pandemics Act of 2022,” would establish a Global Health Security Zoonoses Program with other countries that are committed to ending wildlife markets and the commercial trade in live wildlife for human consumption. The bill has been referred to the Senate Committee on Foreign Relations.
Senate Bill 4074, the “Preventing Future Pandemics Act of 2022,” would establish a Global Health Security Zoonoses Program with other countries that are committed to ending wildlife markets and the commercial trade in live wildlife for human consumption. The bill has been referred to the Senate Committee on Foreign Relations.
Case Law Updates
Federal Case Law Updates
Environmental Groups Sue EPA for Alleged Violations of the Clean Air Act in Wilderness Areas
Sierra Club, National Parks Conservation, the Environmental Defense Fund, and the Center for Biological Diversity sued the U.S. Environmental Protection Agency (EPA), alleging that the EPA has violated the Clean Air Act by failing to take legally required action to protect air quality in national parks and wilderness areas. Plaintiffs are seeking declaratory judgment and injunctive relief.
Sierra Club, National Parks Conservation, the Environmental Defense Fund, and the Center for Biological Diversity sued the U.S. Environmental Protection Agency (EPA), alleging that the EPA has violated the Clean Air Act by failing to take legally required action to protect air quality in national parks and wilderness areas. Plaintiffs are seeking declaratory judgment and injunctive relief.
Fishers File Suit Challenging Designation of Offshore National Monument
Two Northeast fishers have filed suit against President Biden; Gina Raimondo, the Secretary of Commerce; and Deb Haaland, the Secretary of the Interior. Their complaint alleges that the designation of the Northeast Canyons and Seamounts Marine National Monument, which bans or phases out commercial fishing in 5,000 square miles of the Atlantic Ocean, violates the Antiquities Act. The plaintiffs claim that: 1) the ocean floor does not constitute “land” under the Act; 2) that a portion of the protected area is not “owned or controlled by the Federal Government;” and 3) that “ecosystems” and the “biodiversity” contained within them are not “objects” able to be protected as national monuments. Plaintiffs are seeking declaratory judgment and injunctive relief.
Two Northeast fishers have filed suit against President Biden; Gina Raimondo, the Secretary of Commerce; and Deb Haaland, the Secretary of the Interior. Their complaint alleges that the designation of the Northeast Canyons and Seamounts Marine National Monument, which bans or phases out commercial fishing in 5,000 square miles of the Atlantic Ocean, violates the Antiquities Act. The plaintiffs claim that: 1) the ocean floor does not constitute “land” under the Act; 2) that a portion of the protected area is not “owned or controlled by the Federal Government;” and 3) that “ecosystems” and the “biodiversity” contained within them are not “objects” able to be protected as national monuments. Plaintiffs are seeking declaratory judgment and injunctive relief.
State Case Law Updates
Montana Judge Rejects State Approval of Copper Mine
A Montana court has found that the state’s approval of a copper mine in a location where rainbow trout and other fish spawn was “arbitrary, capricious, and unlawful.” The court determined that the mine would generate “millions of tons of toxic tailings and require the discharge of nitrogen-laden wastewater into Sheep Creek.” Yet the Montana Department of Environmental Quality failed to ensure the safe storage of the toxic tailings, failed to protect excessive nitrogen discharge, and failed to consider “reasonable alternatives to alleviate or avoid potential environmental harms.” The permit was challenged by plaintiffs Montana Trout Unlimited, Montana Environmental Information Center, Trout Unlimited, Earthworks, and American Rivers.
A Montana court has found that the state’s approval of a copper mine in a location where rainbow trout and other fish spawn was “arbitrary, capricious, and unlawful.” The court determined that the mine would generate “millions of tons of toxic tailings and require the discharge of nitrogen-laden wastewater into Sheep Creek.” Yet the Montana Department of Environmental Quality failed to ensure the safe storage of the toxic tailings, failed to protect excessive nitrogen discharge, and failed to consider “reasonable alternatives to alleviate or avoid potential environmental harms.” The permit was challenged by plaintiffs Montana Trout Unlimited, Montana Environmental Information Center, Trout Unlimited, Earthworks, and American Rivers.
Agency Updates
Conservation Group Petitions U.S. Fish & Wildlife Service to Protect Imperiled Toads
The Center for Biological Diversity filed a petition for rulemaking with the U.S. Fish and Wildlife Service seeking Endangered Species Act protection for the critically imperiled Railroad Valley toad, which is threatened by a proposed lithium production project and oil drilling in Nevada.
The Center for Biological Diversity filed a petition for rulemaking with the U.S. Fish and Wildlife Service seeking Endangered Species Act protection for the critically imperiled Railroad Valley toad, which is threatened by a proposed lithium production project and oil drilling in Nevada.
USDA Intends to Re-Establish Meat and Poultry Inspection Advisory Committee
The U.S. Department of Agriculture (USDA) published notice of its intent to re-establish its National Advisory Committee on Meat and Poultry Inspection for a period of two years. The committee’s purpose is to advise the Secretary of Agriculture on state and federal meat and poultry programs and other matters that fall within the scope of the Federal Meat Inspection Act and the Poultry Products Inspection Act.
The U.S. Department of Agriculture (USDA) published notice of its intent to re-establish its National Advisory Committee on Meat and Poultry Inspection for a period of two years. The committee’s purpose is to advise the Secretary of Agriculture on state and federal meat and poultry programs and other matters that fall within the scope of the Federal Meat Inspection Act and the Poultry Products Inspection Act.
National Marine Fisheries Service Seeks Public Comments on Proposed Fishery Management Plan Amendments
The National Marine Fisheries Service (NMFS) announced a notice of fishery management plan amendments in order to ensure clearer descriptions of the way bycatch is reported. NMFS is accepting public comments on the proposed amendments through June 13, 2022.
The National Marine Fisheries Service (NMFS) announced a notice of fishery management plan amendments in order to ensure clearer descriptions of the way bycatch is reported. NMFS is accepting public comments on the proposed amendments through June 13, 2022.
The U.S. Fish & Wildlife Service Affirms Listing and Expands Critical Habitat Protection for Rare Bird
The U.S. Fish & Wildlife Service announced that it is affirming the listing of the streak horned lark, a bird species from Washington and Oregon, as a threatened species under the Endangered Species Act and is revising its critical habitat designation in response to a lawsuit brought by the Center for Biological Diversity. The new designation is effective May 13, 2022.
The U.S. Fish & Wildlife Service announced that it is affirming the listing of the streak horned lark, a bird species from Washington and Oregon, as a threatened species under the Endangered Species Act and is revising its critical habitat designation in response to a lawsuit brought by the Center for Biological Diversity. The new designation is effective May 13, 2022.
National Marine Fisheries Service Temporarily Opens Longline Fishing for Golden Tilefish
The National Marine Fisheries Service announced a temporary rule reopening the commercial longline component for golden tilefish in the South Atlantic exclusive economic zone. The temporary rule was effective from April 11, 2022, through April 17, 2022.
The National Marine Fisheries Service announced a temporary rule reopening the commercial longline component for golden tilefish in the South Atlantic exclusive economic zone. The temporary rule was effective from April 11, 2022, through April 17, 2022.
U.S. Fish & Wildlife Service Seeks Public Input on Revised Recovery Plan for Mexican Wolves
The U.S. Fish & Wildlife Service (FWS) announced the availability of a revised draft recovery plan for endangered Mexican wolves with new site-specific management actions to address the threat of human-caused mortalities, including education and outreach “to improve hunter, trapper, rancher, and public awareness and tolerance of wolves.” FWS is accepting public comments on the revised plan through May 16, 2022.
The U.S. Fish & Wildlife Service (FWS) announced the availability of a revised draft recovery plan for endangered Mexican wolves with new site-specific management actions to address the threat of human-caused mortalities, including education and outreach “to improve hunter, trapper, rancher, and public awareness and tolerance of wolves.” FWS is accepting public comments on the revised plan through May 16, 2022.
National Marine Fisheries Service Seeks Public Information About Illegal Fishing
The National Marine Fisheries Service (NMFS) is seeking information regarding nations or entities whose vessels are engaged in illegal, unreported, or unregulated fishing in preparation for its biannual report to Congress, as required by the Moratorium Protection Act. NMFS is urging submissions as soon as possible before December 31, 2022.
The National Marine Fisheries Service (NMFS) is seeking information regarding nations or entities whose vessels are engaged in illegal, unreported, or unregulated fishing in preparation for its biannual report to Congress, as required by the Moratorium Protection Act. NMFS is urging submissions as soon as possible before December 31, 2022.
USDA Proposes “Negligible Risk” Designation for Ireland With Respect to Mad Cow Disease
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) published notice of its preliminary concurrence with the World Organization for Animal Health’s designation of Ireland as “negligible risk” for bovine spongiform encephalopathy. APHIS is accepting public comments on its proposed designation through June 13, 2022.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) published notice of its preliminary concurrence with the World Organization for Animal Health’s designation of Ireland as “negligible risk” for bovine spongiform encephalopathy. APHIS is accepting public comments on its proposed designation through June 13, 2022.
U.S. Department of Agriculture Reissues Inspection Instructions for Certain Beef Products from South America
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced the reissuance of a prior notice relating to the import of beef products from South America. The notice includes instructions for inspection program personnel at official import establishments to follow when conducting import reinspection activities related to the use of fresh meat inspection certificates for fully cooked beef skeletal muscle meat from select countries in South America. Products with fresh meat inspection certificates are exempt from further testing.
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced the reissuance of a prior notice relating to the import of beef products from South America. The notice includes instructions for inspection program personnel at official import establishments to follow when conducting import reinspection activities related to the use of fresh meat inspection certificates for fully cooked beef skeletal muscle meat from select countries in South America. Products with fresh meat inspection certificates are exempt from further testing.
National Marine Fisheries Service Imposes Temporary Prohibition on Pollack Fishing
The National Marine Fisheries Service announced a temporary rule prohibiting directed fishing for pollack in the West Yakutat district of the Gulf of Alaska in order to prevent overfishing. The prohibition is effective from April 13, 2022, through December 31, 2022.
The National Marine Fisheries Service announced a temporary rule prohibiting directed fishing for pollack in the West Yakutat district of the Gulf of Alaska in order to prevent overfishing. The prohibition is effective from April 13, 2022, through December 31, 2022.
National Marine Fisheries Service Issues Regulations Governing Harassment of Marine Mammals Near Northern California Lighthouse
The National Marine Fisheries Service is issuing regulations governing the unintentional taking of marine mammals incidental to aircraft operations, lighthouse renovations, light maintenance, and tour operations on the St. George Ref Lighthouse Station on Northwest Seal Rock off of the coast of Northern California. The regulations, and accompanying authorizations, will be effective from May 15, 2022, through May 14, 2027.
The National Marine Fisheries Service is issuing regulations governing the unintentional taking of marine mammals incidental to aircraft operations, lighthouse renovations, light maintenance, and tour operations on the St. George Ref Lighthouse Station on Northwest Seal Rock off of the coast of Northern California. The regulations, and accompanying authorizations, will be effective from May 15, 2022, through May 14, 2027.
Academic Updates
Carceral Logics: Human Incarceration and Animal Captivity, edited by Lori Gruen and Justin Marceau is Now Available Open Access
Carceral logics permeate our thinking about humans and nonhumans. We imagine that greater punishment will reduce crime and make society safer. We hope that more convictions and policing for animal crimes will keep animals safe and elevate their social status. The dominant approach to human-animal relations is governed by an unjust imbalance of power that subordinates or ignores the interest nonhumans have in freedom. In this volume Lori Gruen and Justin Marceau invite experts to provide insights into the complicated intersection of issues that arise in thinking about animal law, violence, mass incarceration, and social change. Advocates for enhancing the legal status of animals could learn a great deal from the history and successes (and failures) of other social movements. Likewise, social change lawyers, as well as animal advocates, might learn lessons from each other about the interconnections of oppression as they work to achieve liberation for all. This title is available as Open Access on Cambridge Core.
Carceral logics permeate our thinking about humans and nonhumans. We imagine that greater punishment will reduce crime and make society safer. We hope that more convictions and policing for animal crimes will keep animals safe and elevate their social status. The dominant approach to human-animal relations is governed by an unjust imbalance of power that subordinates or ignores the interest nonhumans have in freedom. In this volume Lori Gruen and Justin Marceau invite experts to provide insights into the complicated intersection of issues that arise in thinking about animal law, violence, mass incarceration, and social change. Advocates for enhancing the legal status of animals could learn a great deal from the history and successes (and failures) of other social movements. Likewise, social change lawyers, as well as animal advocates, might learn lessons from each other about the interconnections of oppression as they work to achieve liberation for all. This title is available as Open Access on Cambridge Core.